Tracking #2007-0001000
Final adoption following publication 10/05/07, eff. 12/01/07

I:/07062801.rtf
[I:/07062801.doc]

(9 CCR 2503-1)

[Note:  Statement of basis and purpose included w/Tracking #2007-00973/Rule-making #07-5-24-1]

[Instructions: replace lines 1145467 through 1145945.]
3.750  LOW-INCOME ENERGY ASSISTANCE PROGRAMS
3.750.1  AUTHORITY
3.750.11 [Rev. eff. 11/1/84]
Programs authorized under the Low-Income Home Energy Assistance Act include a Basic Program and a Crisis Intervention Program.
3.750.12 [Rev. eff. 11/1/93]
The Basic Program is intended to help meet winter home heating costs of households composed of low-income families and individuals.
3.750.13 [Rev. eff. 11/1/99]
The Crisis Intervention Program is intended to assist households composed of low-income families and individuals who are in home heating crisis situations.
3.750.14 [Rev. eff. 11/1/95]
State authority for the programs is contained in the Governor's Executive Order and in accordance with rules adopted by the State Board of Human Services. This program is contingent on the availability of federal funds.
3.750.15 [Rev. eff. 11/1/93]
This program is federally and privately funded and is subject to and contingent upon the continued availability of those funds. If said funds are increased, decreased or become unavailable, the services provided herein shall be increased, decreased or terminated accordingly.
3.751  GENERAL PROVISIONS
3.751.1  DEFINITIONS [Rev. eff. 12/1/07]
"Applicant": The person who completes and signs the basic LEAP application form. This is also the only household member who is required to provide proof of lawful presence as defined in these rules. 
“Bulk Fuel”: Bulk fuel is an energy source for home heating which may be purchased in quantity from a fuel supplier and stored by the household to be used as needed. Normally, bulk fuel includes wood, propane, kerosene, coal and fuel oil. 
“Completed Application”: A basic LEAP application shall be considered to be a completed application when: 
A.  The applicant has provided an adequate response to all application questions which are necessary to determine eligibility and payment level; 
B.  The applicant has provided all required verification; 
C.  The application is signed; 
D.  The applicant has provided proof of lawful presence in the United States (see Section 3.140.11). 
“Date of Application”: For purposes of the Low-Income Energy Assistance Programs, the date of application shall be the date a signed application form that contains a legible name and address is received by the county department.
“Disabled or Handicapped”: The term disabled or handicapped means persons who receive vocational rehabilitation assistance, Social Security disability, SSI, AB, AND, or veterans 100% disability payments or who provide a physician's statement which indicates incapacity to engage in gainful employment. 
“Elderly”: For the purposes of these rules, the term elderly means aged 60 or over. 
“Eligibility Period”: There shall be one eligibility period for the Basic Low-Income Energy Assistance Programs from November 1st through April 30th. If April 30th for a particular calendar year ends on a holiday or weekend, then the eligibility periods shall be extended until the next business day. The furnace repair/replacement component of the Crisis Intervention Program shall operate year round. All other components of the Crisis Intervention Program shall operate from November 1 through April 30. These programs are contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48.
"Emergency/Expedited Applicant”: This is a household which has had heat service discontinued or is threatened with discontinuance, or is out of fuel or will run out of fuel within ten days. Applications for households in these situations shall be processed expeditiously and the emergency addressed within ten working days of notification of the emergency by the applicant to the county department. 
“Estimated Home Heating Costs”: The amount of the heating costs incurred during the previous heating season for the applicant's address at the time of application to be used as an estimate, or projection, of the anticipated heating costs for the current heating season (November 1st through April 30th). Such estimated heating costs shall not include payment arrearages, investigative charges, reconnection fees, or other such charges not related to residential fuel prices and consumption levels. 
"Heat Related Arrearage": Any past due amounts for the primary heating fuel and/or supportive fuel.
“Home Heating Costs”: Charges related directly to the primary heating fuel used in a residential dwelling. 
“Household”: The term “household” shall mean any individual or group of individuals who are living together as one economic unit for whom residential energy is customarily purchased in common or who make undesignated payments for energy in the form of rent. 
Any individual considered as part of an approved household cannot subsequently be considered as part of another household during the same eligibility period. 
Each person living at a residence must be counted as either a member of the applicant's household or a member of a separate household. 
The maximum number of household members shall be fifteen (15). The maximum number of separate households shall be nine (9). 
The following cannot be classified as separate households: 
A.  Husband and wife living together; 
B  Supplemental Security Income (SSI) recipients in shared households receiving reduced benefits. 
“Non-Bulk Fuel”: Non-bulk or metered fuel is an energy source for home heating which is provided by a utility company and is regulated and metered by the utility company. Normally, non bulk fuel includes natural gas and electricity. 
"Non-Traditional Dwelling": A non-traditional dwelling means a structure that provides housing that is not affixed to a permanent physical address and includes tents, lean-to's , cars, vans, or buses.
“Poverty Level”: The term poverty level as used in these rules describes federal guidelines updated annually by the U.S. Department of Health and Human Services. The guidelines, printed in the Federal Register, establish minimum subsistence income levels by household size. 
“Primary Heating Fuel”: The primary heating fuel is the main type of fuel used to provide heat within the dwelling.
“Primary Heating Source”: The primary heating system that provides heat to the dwelling such as a furnace, wood burning stove or boiler. 
“Program Year”: The term program year means from November 1st through April 30th for the Basic Program. If April 30th for a particular calendar year ends on a holiday or weekend, then the eligibility periods shall be extended until the next business day. The furnace repair/replacement component of the Crisis Intervention Program shall operate year round. All other components of the Basic and Crisis Intervention Program shall operate November 1st through April 30th. These programs are contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48.
“Public Assistance Income”: For purposes of verifying income under the Low-Income Energy Assistance Programs, the term public assistance income shall mean income received from the following types of Department of Human Services programs: 
A.  Colorado Works; 
B.  OAP (Old Age Pension, both the SSI-supplement and State-only groups); 
C.  AND (Aid to the Needy Disabled, both the SSI-supplement and State-only groups); 
D.  AB (Aid to the Blind, both the SSI-supplement and State-only groups); 
E.  NCRA (Non-Categorical Refugee Assistance).
"Safe Indoor Temperature": A temperature that is maintained by the dwelling's primary heating system to prevent endangering the life, health, or safety of the household members. A LEAP contractor shall make an on-site determination as to whether the above conditions exist and make a recommendation to LEAP to remedy the situation. LEAP will make the final determination as to the level of repairs to be authorized under these conditions. 
“Subsidized Housing”: Subsidized housing means housing in which a tenant receives a governmental or other subsidy (e.g., assistance provided by a church) and the amount of rent paid is based on the amount of the tenant's income. 
"Supportive Fuel": Supportive fuel is an energy source needed to operate the primary heating system in a residential setting, such as electricity as a supportive fuel required to operate a natural gas furnace. 
"Traditional Dwelling": Traditional dwelling means a structure that provides a housing or residential environment that is affixed to a physical address. These structures include houses, apartments, townhomes, mobile homes, recreational vehicles (RV's), 5th Wheel's, and campers. 
“Vendor”: A vendor is an individual, a group of individuals, or a company who is regularly in the business of selling fuel (bulk or non bulk) to customers for residential home heating purposes. 
3.751.2  (None)
3.751.3  NON DISCRIMINATION POLICIES/RIGHT AND OPPORTUNITY TO APPLY
3.751.31  Non-Discrimination [Rev. eff. 12/1/07]
Non-discrimination policies as outlined in this rule manual shall apply to all households applying for Basic Program and Crisis Intervention Program benefits.
3.751.32  Opportunity to Apply [Rev. eff. 11/1/84]
All persons shall be provided an opportunity to file an application form on the date of initial contact with the county department during the application period.
3.751.33  Interpreters [Rev. eff. 12/1/07]
An interpreter shall be available to assist persons known to the Department to be non-English speaking in completing application forms and to provide information.
3.751.34  Program Information [Rev. eff. 11/1/84]
Public Assistance and food stamp households shall be notified during the certification and recertification procedures of the availability of the Low Income Energy Assistance Programs and the eligibility criteria for receiving such assistance.
3.751.35  Authorized Representative [Rev. eff. 11/1/84]
An authorized representative may apply on behalf of an applicant household when the applicant household is unable to apply on its own behalf.
3.751.4  NOTICE AND HEARINGS
3.751.41  Timely and Adequate Notice [Rev. eff. 12/1/07]
The requirements for providing timely and adequate notice of proposed actions and opportunity for hearings and appeals are as provided in the chapter on “Administrative Procedures” in this rule manual except as specifically provided in the rules governing the Basic Program and Crisis Intervention Program.
3.751.42  Denials [Rev. eff. 11/1/84]
Notices of denial shall advise the applicant of the reason for the denial, the regulation citation relied on by the county department, and appeal rights and procedures. For purposes of the Crisis Intervention Program and advance payments of the Basic Program, notices of denial shall advise the applicants of their right to a forthwith hearing.
3.751.43  Request for a State Level Fair Hearing [Rev. eff. 12/1/07]
County departments shall notify the State LEAP office in writing within seven (7) days upon receipt of a request for a State level fair hearing by an applicant on Basic Program and Crisis Intervention Program.
3.751.5  RECOVERY AND FRAUD PROCEDURES 
3.751.51  Recoveries [Rev. eff. 10/1/01]
County departments must institute recoveries to ensure that Basic Program or Crisis Intervention Program benefits do not exceed the maximum amounts described in these rules. Recovery procedures shall be the same as in adult program rules as described in the “Administrative Procedures”    Chapter or as otherwise specified in these rules. (Note:  Sections 3.810.13, 3.810.14, and 3.810.32 do not apply to LEAP.)
3.751.52  Determination of Recovery of Overpayment [Rev. eff. 10/1/01]
When overpayments, made directly to the client, have been verified by the county department, a determination as to whether recovery is appropriate shall be made within fifteen (15) calendar days after receipt of reports issued by the State Department designed to assist county departments in identifying and correcting such payments.
3.751.53  Definition of Overpayment [Rev. eff. 11/1/84]
Overpayment of Basic Program or Crisis Intervention Program benefits shall mean a household has received benefits in excess of the amount due that household based on eligibility and payment determination in accordance with these rules.
3.751.54  Establishment of Recovery [Rev. eff. 11/1/91]
Recoveries shall be established for households which have received program benefits and are subsequently determined to be ineligible or which received benefit amounts greater than the household was entitled to for the eligibility period.
3.751.55  Recovery Procedures [Rev. eff. 12/1/07]
Recovery proceedings shall be handled in accordance with the procedures described in the “Administrative Procedures” chapter of this rule manual when applicable. (Note: Sections 3.810.73 through 3.810.75 do not apply to LEAP.)
3.751.56  State Income Tax Refund Intercept [Rev. eff. 12/1/07]
If a client receives an overpayment of benefits, the county department may seek to recover the overpayment through the offset (intercept) of the client's State income tax refund. The procedures applicable to this method of recovery are the same as those for non TANF recoveries in the Administrative Procedures chapter of this rule manual.
3.751.6  REPORTING AND MONITORING
3.751.61  Reporting [Rev. eff. 11/1/98]
All recoveries shall be reported to the State Department.
3.751.62  Reports and Fiscal Information [Rev. eff. 11/1/98]
County departments shall provide the State Department with reports and fiscal information as deemed necessary by the State Department.
3.751.63  Monitoring [Rev. eff. 11/1/98]
The State Department shall have responsibility for monitoring programs administered by the county departments based on a monitoring plan developed by the State Department. Such plan shall include provisions for programmatic and local reviews and methods for corrective actions.
3.751.7  REIMBURSEMENT AND SANCTIONS
3.751.71  Reimbursements [Rev. eff. 12/1/07]
Subject to allocations as determined by the State Department, county departments shall be reimbursed up to 100% for all allowable costs incurred for the operation of the Basic Program, Crisis Intervention Program, outreach, and other administrative costs.
3.751.72  Sanctions [Rev. eff. 12/1/07]
County departments which fail to follow the rules of the Basic Program and Crisis Intervention Program shall be subject to administrative sanctions as determined by the State Department (see 11 CCR 2508-1).
3.752  LOW-INCOME ENERGY ASSISTANCE PROGRAMS: BASIC PROGRAM
3.752.1  APPLICATION PERIOD [Rev. eff. 12/1/07]
To determine eligibility, households shall submit a written State prescribed application form (IML-4) during the period of November 1st through April 30th. If April 30th for a particular calendar year ends on a holiday or weekend, then the eligibility periods shall be extended until the next business day. These programs are contingent upon the continued availability of funds in accordance with Sections 3.750.15 and 3.758.48. All application forms that are received or postmarked during the application period shall be accepted by the county department. Facsimile copies of completed application forms shall be accepted as valid. Application forms received from public assistance households (Colorado Works, OAP, AND, AB, and NCRA) prior to November 1st shall be accepted and may be processed; however, eligibility shall not be determined until November 1st (see Section 3.759.31 for application mailing dates). Application forms received or postmarked after the closing date shall be denied. Eligibility will be determined based on the applicant's circumstances as of the date the application is received. 
3.752.2  PROGRAM ELIGIBILITY REQUIREMENTS
3.752.21  [Rev. eff. 10/1/01]
To be determined eligible for a Basic Program payment, households must, at time of application, be vulnerable to the rising costs of home heating, and meet income and other requirements of the program as defined in these regulations.
3.752.22  Income and Household Size Criteria [Rev. eff. 12/1/07] 
A.  For purposes of determining a household's eligibility, income shall be the countable gross income in any four (4) weeks of the eight (8) weeks prior to application, which best represents the applicant’s current income situation.
Although applications may be accepted and processed earlier, the official date of application shall not be before November 1. 
B.  Determining Monthly Income 
If a household member is paid less than monthly, the county department shall determine gross monthly income by: 
1.  Weekly/Bi-Weekly Income 
a.  Weekly Income 
Calculate an average weekly income by adding the gross earnings for 4 weeks and divide by 4. Multiply the average weekly income by 4.3333 to compute the gross monthly income. 
b.  Bi-Weekly Income 
To calculate an average weekly income using bi-weekly income, add 2 pay stubs to get 4 weeks of income. Divide by 4 to get weekly average and multiply by 4.3333 to compute the gross monthly income. If there are 3 pay periods during a given month, add all three and divide by 6, then multiply by 4.3333.
2.  Semi-Monthly Income 
Adding gross semi-monthly amounts to obtain total monthly income. 
3.  Partial Month Income
a.  Terminated Income 
If a household member's income is terminated during the month of application, as of the application date, use actual income received/expected for the month (do not use 4.3333 calculation). 
b.  Earned Income 
If a household member has a new source of earned income, beginning during the application month as of the application date, use projected income for the month (do not use 4.3333 calculation). 
c.  Unemployment/Other Unearned Income 
If a household member has not received his/her first check from this source of income as of the application date, do not count any income from this source. If the household member has received the first check from this source of income as of the application date, use projected income for the month (do not use 4.3333 calculation). 
C.  All applicant households whose countable income for the eligibility period is equal to or less than 185% of the poverty level, shall meet the income requirements for the Basic Program. 
The amounts shown below indicate the maximum gross income limits as adjusted by family size. 

HOUSEHOLD SIZE	MONTHLY INCOME (185%)	
1	$1,574	
2	2,111	
3	2,647	
4	3,184	
5	3,720	
6	4,257	
7	4,793	
8	5,330	
Each Extra Person	537	

D.  Income shall be treated in accordance with the rules as contained in the Resources and Income chapter of this staff manual pertaining to the adult programs. 
E.  The following factors shall be considered as of the date of application: lawful presence, income, vulnerability, fuel type, Colorado state residency, U.S. citizenship/alien status, household composition, shared living arrangements and estimated home heating costs. 
F.  Households which have been denied basic benefits and have had changes in circumstances may reapply. 
G.  At each county's option, the county department may approve or deny shared household residents who move into a residence after a household(s) currently residing at the same residence that has been approved for 100% of the LEAP benefit. County departments shall consider whether the new resident has an actual home heating paying liability when determining that household's LEAP eligibility. 
The county department may deny an applicant if that applicant is a new resident of a shared household and a full LEAP benefit has already been approved; or, the county department may approve an applicant if that applicant is a new resident of a shared household and the full basic LEAP benefit has already been approved. The applicant must meet all other eligibility criteria and will have the benefit based on the number of shared households residing at the residence at time of application. 
3.752.23  Income Exclusions [Rev. eff. 11/1/02]
The following exclusions and income calculation procedures shall be applied to household gross income:
A.  Payments or benefits excluded as defined in the General Resource and Income Exemption Section of the “Resources and Income” chapter in this staff manual, except that the following sections do not apply: 3.240.16, B-F; 3.240.41; 3.250.14; 3.250.15.
B.  Earned income of children under the age of 18 who are residing with a parent or guardian;
C.  Reimbursement received for expenses incurred in connection with employment from an employer;
D.  Reimbursement for past or future expenses, to the extent they do not exceed actual expenses, and do not represent gain or benefit to the household;
E.  Payments made on behalf of the household directly to others.
F.  Payment received as foster care income. Foster children are not considered household members.
G.  Home care allowance, if paid to a non-household member.
3.752.24  Resources [Rev. eff. 10/1/01]
There is no resource criteria for the Low-Income Energy Assistance Program.
The value of the household’s resources shall not be considered for the purpose of determining eligibility for assistance.
3.752.25  Vulnerability [Rev. eff. 12/1/07]
A.  A household shall be vulnerable in order to qualify for Basic Program benefits. Vulnerability shall mean the household must be affected by the rising costs of home heating as defined below:
1.  The household is paying home heating costs directly to a vendor and is subject to home heating cost increases; or,
2.  The household is living in non-subsidized housing and is paying home heating costs either in the form of rent or as a separate charge in addition to rent. Except in subsidized housing situations, rental costs shall be assumed to be subject to change due to an increase in home heating costs unless otherwise verified in writing by the county department; or,
3.  The household resides in subsidized housing as defined in the "Definitions" Section of these rules; and, 1) the unit has an individual check meter which identifies specific heating usage of that unit and the household is subject to a surcharge or increased cost for home heating, or 2) the tenant is subject to a heating surcharge assessed by means other than an individual check meter. Such surcharges may include percentage fees assessed to the tenant for home heating.
4.  The applicant household in a residence where more than one household resides shall be considered vulnerable if the applicant household contributes toward the total expenses of the residence. These expenses include, but are not limited to, shelter and utilities.
5.  The applicant household must live in a traditional dwelling.
B.  Households in the following living arrangements shall not be considered to be vulnerable:
1.  Institutional group care facilities, public or private, such as nursing homes, foster care homes, group homes, alcoholic treatment centers, or other such living arrangements where the provider is liable for the costs of shelter and home heating, in part or in full, on behalf of such individuals;
2.  Correctional facilities;
3.  Dormitory, fraternity or sorority house;
4.  Subsidized housing as defined in the "Definitions" section of these rules which does not have an individual check meter for heat for each unit or which cannot provide other evidence of responsibility for paying home heating surcharges.
5.  Any applicant, or applicant household who is considered homeless or resides in non-traditional dwellings. 
Landlords or other providers of shelter shall not be considered to be vulnerable unless they meet the definition of household and the eligibility requirements of the Basic Program.
Vulnerability shall be verified for all applicant households as defined in these rules.
3.752.26  Residency Requirements [Rev. eff. 12/1/07]
Applicant households must meet the state residency requirements as contained in this rule manual.
3.752.27  Citizenship - Alien Requirements [Rev. eff. 12/1/07] 
The applicant must meet the lawful presence in the United States requirements as contained in Section 3.140 of this rule manual, with the exception that there is no requirement for length of residency in the United States. 
A household member who does not meet citizenship/alien requirements shall not be included as a household member; however, all countable income of this individual shall be counted as part of the household's total income. 
3.752.28  Mandatory Weatherization [Rev. eff. 12/1/07]
Households approved to receive a LEAP benefit must agree to have their dwelling weatherized if contacted by a state-authorized weatherization agency. Failure to permit or complete weatherization may result in denial of LEAP benefits for the following year.
A.  Exemptions
1.  Households containing a member(s) whose mental or physical health could be exacerbated by weatherization shall be exempt.
2.  A household whose landlord refuses to allow weatherization shall not have benefits denied.
3.  The local weatherization agency shall fully document the circumstances permitting the exemption.
B.  Households Who Refuse Weatherization
1.  Households who refuse or terminate weatherization before completion shall not be approved for LEAP benefits for the following year and a LEAP denial hold shall be placed on the household at that address by the State LEAP office. The hold can only be removed by the State LEAP office.
2.  If the household has moved to another address that has been weatherized, the household may be approved for a LEAP benefit if otherwise eligible. If the new dwelling is not already weatherized, weatherization must be completed before approved for LEAP.
3.  If a denied household subsequently allows the dwelling to be weatherized or weatherization completed, the household must reapply and, as long as other eligibility criteria are met, may be approved for LEAP benefits after notification from the local weatherization agency that the weatherization is completed.
C.  Energy Saving Partners’ (State Weatherization Office) Responsibilities
1.  Assure that standards, as delineated in Sections A and B above, are applied uniformly and equitably.
2.  Notify the state LEAP office by September 30th of all households who refuse weatherization.
3.  Notify households who refuse weatherization, by first-class mail, that their refusal may result in denial of LEAP benefits for the following year.
4.  Weatherization shall be completed as soon as possible on dwellings where the household previously refused or didn't complete weatherization and subsequently allows the dwelling to be weatherized.
5.  Any Crisis Intervention Program (CIP) work performed by the Energy Saving Partners and their agencies shall be completed in accordance with Sections 3.760-3.760.53. 
3.753  (None)
3.754  REASONS FOR DENIAL OF ASSISTANCE
3.754.1  FACTORS FOR DENIAL [Rev. eff. 12/1/07]
Any of the following factors shall be the basis for the denial of an applicant household:* 
A.  Excess income;   3.752.22(04). 
B.  Not vulnerable to rising home heating costs; 3.752.25 (03). 
C.  A household not meeting citizenship/alien status requirements; 3.752.27 (13). 
D.  A household is a duplicate household or was previously approved as part of another household; 3.751.1, L (06). 
E.  The household has voluntarily withdrawn its application; 3.756.18 (09). 
F.  The household has received Basic Program benefits from another county; 3.756.17 (10). 
G.  The household has failed to provide complete application information or required verification; 3.756.12 (11). 
H.  The household is not a resident of Colorado; 3.752.26 (07). 
I.  The household failed to sign the application form; 3.751.1, B, 3 (21).
J.  The household filed an application after the program deadline; 3.752.1 (14). 
K.  The household has moved to another county while the application is pending, unless the 50 day timely processing period has expired, in which case the original county shall determine eligibility and payment level; 3.756.16 (24). 
L.  Unable to locate; 3.756.19 (25). 
M.  Refused weatherization services from a state weatherization agency; 3.752.28 (26). 
N.  Household(s) currently residing at this residence has already received the full basic LEAP benefits; 3.752.22, G (27). 
O.  The applicant failed to provide valid identification; 3.140.11, B, 1 (05). 
P.  The applicant failed to provide an affidavit; 3.140.11, B, 2 (08). 
Q.  The applicant failed to provide valid identification; 3.140.11, B, 1, and the applicant failed to provide an affidavit; 3.140.11, B, 2 (18).
(*Note: The rule citation is shown followed by the denial reasons which are to be used when coding the worksheet and data entering into the computer system.) 
3.755  VERIFICATION POLICIES AND CASE RECORD DOCUMENTATION
3.755.1  GENERAL
3.755.11  [Rev. eff. 10/1/00]
Income, estimated home heating costs, and vulnerability shall be verified in determining initial eligibility and/or payment amount.
3.755.12  [Rev. eff. 10/1/00]
If the county obtains information which would affect the initial determination of an applicant household's eligibility or payment level and which is different than information provided by the applicant, the county shall inform the applicant and provide an opportunity for response or explanation. Eligibility shall be determined by using the correct information. In these cases, an applicant who meets eligibility criteria shall not be denied because the applicant provided information that was different than information subsequently obtained by the county. Information used to determine eligibility and benefit level shall be documented. However, in appropriate cases, the counties may institute fraud proceedings.
3.755.13  [Rev. eff. 12/1/07]
The case record shall contain at a minimum: [Rev. eff. 11/1/06] 
A.  The application and any other supplemental forms the applicant is required to submit; 
B.  Documentation of all verification as required in these rules; 
C.  Copy(ies) of completed IML 3T worksheets. All actions (except case pending) must have a corresponding hand coded IML-3T (turn-around). 
D.  Copy(ies) of the approval or denial notices to households; 
E.  Written explanation on a report of contact sheet or other such document of any discrepancy between information contained on the application and information reported on the IML 3 worksheet; 
F.  Calculations used to compute income, documentation of the source of estimated home heating costs and any other written notations on a report of contact sheet or other similar document necessary to provide a clear and adequate record of action taken on the case. The eligibility workers shall date and initial each entry. 
G.  Copies of hand written notices sent to the applicant household requesting missing information and/or verification necessary to determine eligibility and/or payment level. 
H.  Complete documentation in emergency or expedited cases including when, to whom, and how a vendor contact is made. 

3.755.2  VERIFYING INCOME
3.755.21  Adequate Verification of Income [Rev. eff. 12/1/07]
The case record shall contain adequate verification of income. Adequate verification is defined as any of the following: 
A.  Unearned income, such as pensions or retirement income, veteran's benefits, workman's compensation, unemployment or supplemental security income shall be verified by an award letter, issued after the last general increase for that type of assistance, which shows the gross amount before any deductions. Copies of bank deposits or checks shall not be adequate verification of gross income. 
B.  Verification of child support income shall include at a minimum: 
1.  Verification through the Automated Child Support Enforcement System (ACSES); or, 
2. Verification through the Family Support Registry (FSR); or, 
3.  Copies of checks, money orders or other document(s) including written statements or affidavits from the non-custodial parent which documents the income paid directly to the custodial parent. 
C.  Social security income may be verified by an award letter, issued by the social security administration, after the last general increase. Gross social security income includes income before any deductions for Medicare or other medical insurance. Copies of bank deposit or checks shall not, by themselves, be adequate verification of gross social security income. Gross social security income may be determined from copies of bank deposits or checks which show the funds to be social security income, together with the information provided on the application, specifying the amount of deductions, such as Medicare premiums, from gross social security payments. 
D.  Earned income shall be verified for at least four (4) weeks of the 8 weeks prior to application and shall consist of pay stubs or statements from employers which state the period worked and the actual gross income earned, as long as that income is reflective of income at the time of application. 
E.  Public assistance income shall be verified through the most current active county records. The Low-Income Energy Assistance Program case record must specifically reference the source document of the income information (i.e., source document name and/or number and document date). 
F.  Verification of income other than public assistance income of applicant households may be obtained through the most current active county records. The Low-Income Energy Assistance Program case record must specifically reference the source document of the income verification (i.e., source document name and/or number and document date).
G.  Verification may be obtained by telephone, provided that the case record contains complete information on the name and title of the person contacted, the name of the employer or agency, the period of employment and the actual gross income received, earned or unearned. 
H.  In verifying zero income, the county shall examine income of all adult members of the household by one or more of the following methods: 
1.  Obtain a reasonable explanation in writing from the household on how they meet living expenses; 
2.  Verify eligibility for unemployment benefits or verify final date of employment with last employer; 
3.  Colorado Benefits Management System (CBMS). 
I.  Verification of self-employment income shall include, at a minimum: 
1.  Profit and loss statements, i.e., self-employment ledger; and, 
2.  Receipts for business-related expenses used as tax deductions. 
3.755.3  (None)
3.755.4  VULNERABILITY
3.755.41  Evidence of Vulnerability [Rev. eff. 12/1/07] 
All households shall be required to provide evidence of vulnerability for the primary heating fuel for the residence at the time of application. Evidence shall consist of items, such as a copy of the current or most recent fuel bill which the household is responsible for paying or a copy of the current or previous month’s rent receipt if heat is included in rent. In instances where a rent receipt is used to provide proof of vulnerability, the rent receipt must specifically notate that heat is included in rent. A lease or rent statement from the applicant's landlord is required if the rent receipt is not specific. The county may use prior year's fuel bill if the information supplied matches the current application/information. If historical information is being used to verify vulnerability, a notation must be made in the case record. If the fuel bill that is submitted as evidence of vulnerability is in the name of a person other than the applicant household, the case record shall contain a notation which explains the discrepancy in names. 
3.755.42  Subsidized Housing Rent Documentation [Rev. eff. 11/1/93] 
Applicant households, living in subsidized housing units, where home heating costs are paid as part of rent, shall be required to provide a copy of a rental agreement or other documentation specifying that the household is subject to rent increases or heating surcharges when home heating usage exceeds the amount of the household's heating allowance. 
3.755.43  Wood Permits [Rev. eff. 11/1/92] 
Applicants who cut their own wood shall be required to provide a copy of their wood cutting permit. If a permit is not available, the applicant must provide a written and signed statement that he cuts his own wood, plus documented proof that he cuts it on his own land or has permission of the landowner.
3.755.5  ESTIMATED HOME HEATING COSTS
3.755.51  Verification [Rev. eff. 11/1/06] 
County departments shall obtain verification of estimated home heating costs. Verification shall consist of evidence provided by fuel vendor or applicant for the residence at the time of application. 
If the county changes the estimated home heating costs (EHHC) originally provided by the fuel vendor, the county must obtain written verification of this change from the fuel vendor. The written verification from the vendor shall be placed in the case record. 
3.755.6  OTHER FACTORS AFFECTING ELIGIBILITY AND PAYMENT AMOUNTS [Rev. eff. 11/1/06]
Other factors affecting eligibility and payment amounts of an applicant household may be verified if determined necessary by a county department. 
3.756  PROCEDURES FOR PROCESSING APPLICATIONS AND NOTIFYING APPLICANT HOUSEHOLDS
3.756.1  PROCEDURES
3.756.11  Application [Rev. eff. 12/1/07]
Basic Program applicants shall submit a completed application form as defined in the “Definitions” section of these rules to the county department either in person, by facsimile, or by mail in order to be considered for Basic Program benefits. The county department shall not require office interviews for purposes of determining eligibility.
3.756.12  Application Processing [Rev. eff. 12/1/07]
The county department shall be required to date stamp all application forms, verification, and information upon receipt. Beginning November 1st, all applications must be entered into the LEAP database in a pending status within fifteen (15) business days from the date the applications received in the county LEAP office. All applications must be added and either approved or denied no later than June 19th. The county department shall be required to review for duplicate applications. The county department shall determine if an application is complete as defined in the “Definitions” section of these rules. If an application is not complete, the county department shall notify the applicant household, in writing through a LEAP system-generated letter, of information or verification necessary to determine eligibility and/or payment level. The applicant household shall be provided two (2) calendar weeks from the date the notice is postmarked to provide the requested information and/or verification. Clients who fail to submit the required verification shall be denied. However, the county department shall extend the period upon a showing of good cause for the applicant's failure to provide the necessary information or verification within the two (2) week period. The term "good cause" as used above is defined as conditions outside the control of the individual such as sudden illness, hospitalization, fire, theft, acts of God, and natural disasters.
3.756.13  Lost Applications [Rev. 11/1/96]
If a household reports to the county that it has mailed or otherwise made application for basic benefits and the county department cannot locate the application for the household, such application shall be deemed "lost". The procedures for handling "lost" applications shall be prescribed by the State Department. The client must notify the county of the lost application no later than 30 calendar days after the end of the application period.
3.756.14  Determination of Eligibility [Rev. eff. 11/1/93]
A county department shall have up to fifty (50) calendar days from the date of application as defined in the “Definitions” section of these rules to determine eligibility.
3.756.15  Notification of Approval or Denial [Rev. eff. 10/1/01]
Upon determination of eligibility, the household shall be notified in writing of approval or denial in accordance with the notice requirements in these rules.
3.756.16  County of Residence [Rev. eff. 12/1/07]
The county of residence for applicant households shall be the county where the applicant household is residing as of the date of approval. An application received from a non resident of the county shall be forwarded to the county of residence within three (3) working days. Processing time begins upon receipt of the application by the county of residence. The county forwarding the application shall, simultaneously, notify the applicant household, in writing, of the name, address, and phone number of the county to which the application was forwarded.
3.756.17  Relocation [Rev. eff. 11/1/94]
If an approved household moves from one county to another within Colorado, the original county of residence in which eligibility was determined, shall remain responsible for processing that case throughout the program year. The new county of residence shall provide assistance to the case processing county as requested. If an applicant then applies in the new county of residence, the application shall be denied, and the applicant notified that benefits will be paid by the original county.
3.756.18  Withdrawn Application [Rev. eff. 12/1/07]
An applicant who voluntarily withdraws his/her application prior to eligibility being determined shall be denied. An applicant who cannot be located prior to eligibility being determined shall be denied. The county must attempt to locate the applicant by mailing a forwardable letter to the last known address. If the applicant does not respond within 15 business days, the application shall be denied.
County departments shall provide some form of assistance to any eligible household in a heating crisis within forty-eight (48) hours of application. Such assistance will be provided to eligible households in energy related life threatening situations within eighteen (18) hours of application. Such form of assistance may include, but is not limited to, referrals to other human service agencies, fuel providers or other individuals, or agencies which are capable of remedying the crisis situation.
3.756.2  EXPEDITED ELIGIBILITY DETERMINATIONS [Eff. 12/1/07]
Eligibility determination for such households shall be expedited within ten (10) working days. When an application for an advance of the Basic Program payment(s) has been filed with the county department, it shall notify the appropriate fuel vendor the same day or next working day to attempt to forestall a termination of service or to restore service. The need for an advance payment due to an emergency shall be documented by: 
A. A shut-off notice or other documentation of intent to terminate heating services by the heating supplier or landlord or that termination of service has occurred; or, 
B.  A written declaration by the household that the fuel supply has been or will be depleted within the next two weeks. 
For purposes of advance payment, notices of denial shall advise the applicants of the reason for denial, appeal rights and procedures including, but not limited to, a hearing. 
3.757  PROCEDURE FOR REPORTING ELIGIBILITY AND PAYMENT INFORMATION
3.757.11  [Rev. eff. 11/1/98]
After determining eligibility, the county department shall complete the IML-3 Worksheet in accordance with instructions developed by the State Department. The county will be required to correct any inaccuracies as they may result in an erroneous payment amount and/or incorrect eligibility determination. Information reported on the household's income, family size, estimated home heating costs, subsidized housing heat allowance, and number of separate households is the basis for amount of benefit.
3.757.12  [Rev. eff. 11/1/87]
County departments shall enter IML-3 Worksheet data into the LEAP automated system at least on a weekly basis.
3.757.13  [Rev. eff. 11/1/87]
The State Department shall provide the following reports to the county departments on a regular basis:
A.  Possible duplicate report;
B.  Master file;
C.  Other reports as determined necessary.
3.757.14  [Rev. eff. 11/1/97]
The county department shall be required to review, code, and submit the possible duplicate report and the overpayment report to the State Department based on time lines established by the State Department.
3.757.15  [Rev. eff. 11/1/91]
The State Department shall provide the county departments with a payroll register.
3.758  PAYMENT POLICIES
3.758.1  GENERAL
3.758.11 [Rev. eff. 11/1/83]
The Basic Program is designed to assure that the highest level of assistance shall be furnished to households with the lowest income and highest heating costs in relation to income, taking into account family size. Renters and homeowners shall be treated equitably.
3.758.12 [Rev. eff. 11/1/84]
The Basic Program is designed to help low-income households meet home heating costs. Payments to eligible households shall vary according to the following factors:
A.  Poverty level (income and family size)
B.  Estimated home heating costs
3.758.13 [Rev. eff. 11/1/96]
Payments to eligible households which share living arrangements will vary according to the same payment factors, except that the estimated home heating costs will be divided by the total number of households sharing the living arrangement.
3.758.14 [Rev. eff. 12/1/07]
The benefit will be disbursed in two payments. Initial payments will be issued beginning in November. Final payments will be issued beginning in February unless the program is shortened due to inadequate funding in accordance with Sections 3.750.15 and 3.758.48. 
3.758.15 [Rev. eff. 11/1/99]
The State Department has responsibility for issuing payment to or on behalf of eligible households. If an eligible household refuses payment on its behalf, the State Department shall make provision for accepting the returned or refused payment.
3.758.16  (None) [Rev. eff. 12/1/07] 
3.758.17  Electric Diversions [Rev. eff. 11/1/06] 
A.  Counties may allow eligible households to divert up to one-half of the LEAP benefit to a vendor supplying electricity needed to operate their furnace. Counties may approve electric diversions when electricity is provided by a different vendor than the primary heating fuel and the eligible household has an electric shut-off notice or has had electric services discontinued. 
B.  The household must furnish a written statement requesting a benefit diversion and provide a copy of the electric discontinuance notice. The statement and discontinuance notice shall be date stamped by the county upon receipt.
C.  In cases of pending electric shut-offs, the county department shall contact the vendor the same day or the next working day to attempt to forestall the service discontinuance. Counties shall process electric diversion requests within ten working days of the written request. If the maximum allowance is not enough to forestall the shut-off or restore service, the electric diversion shall not be allowed.
D.  When the LEAP basic benefit is paid to: 
1.  An approved heat vendor (vendor pay), the electric diversion must be approved prior to committing a benefit payment to the heat vendor.
2.  An eligible household (client pay), the electric diversion may be made at any time as long as there is a benefit remaining.
E.  Counties must notify the State Department in writing no later than November 1 if they wish to administer electric diversion payments. The decision will remain in effect throughout the current LEAP program year.
3.758.2  (None)
3.758.3  CHANGES IN HOUSEHOLD COMPOSITION AFFECTING ISSUANCE OF PAYMENT
3.758.31 [Rev. eff. 11/1/95]
If, prior to payment, an eligible household's circumstances change, which involves separation or divorce of a marriage or common law arrangement, and the household includes dependent children, the Basic Program payment(s) shall be provided to the parent or guardian who resides with and has the responsibility for the care of the dependent children.
If the household does not include dependent children, the Basic Program payment(s) shall be paid to the person listed as applicant.
3.758.32 Death of Payee Affecting Issuance of Payment [Rev. eff. 11/1/97]
When the payee for a Basic Program benefit dies, any payment to which the payee was entitled shall be kept available for three (3) months. The following rules apply:
A.  The surviving spouse or other household member shall be entitled to the Basic Program payee's benefit provided that the surviving spouse or other household member was included as part of the Basic Program payee's household upon Basic Program eligibility determination.
B.  In the case of a single member household, the next Basic Program payment that would have been issued to the payee shall be released to a personal representative, when such person presents a court order or proper affidavit.
C.  In cases where the surviving spouse or other household member is entitled to the Basic Program benefit, as previously described, the county department shall cancel the deceased Basic Program payee's payment and re-issue the payment to the surviving spouse or other household member, within five (5) working days upon notification.
D.  If a benefit is not properly claimed within the three (3) month period, the county department shall expunge the payment and issue a notice to the payee's address of cancellation of the payment.
3.758.4  PAYMENT METHODS
3.758.41  Basic Program Payment [Rev. eff. 12/1/07]
For an approved household which pays home heating costs directly to a fuel vendor, payment shall be made as a vendor payment, provided a written vendor agreement has been secured. The State Department shall be required to provide vendors servicing their county with an opportunity to sign the state prescribed vendor agreement. County departments shall provide vendors with applications, brochures, envelopes, and other outreach material. In cases where a written vendor agreement has not been secured, payment shall be issued directly to the eligible household.
For an approved household that pays home heating costs to a landlord, payment of the Basic Program payment shall be made directly to the eligible household. Under no circumstances shall a direct payment be made to a landlord.
3.758.42 Advance Payment of the Basic Program Payment (Applicable Only When a Signed Vendor Agreement has not been Secured)
3.758.43-3.758.45  (None)
3.758.46  Vendor Payment Procedures [Rev. eff. 12/1/07]
A.  When a direct vendor payment is made, the county department shall be required: 
1.  To notify each household of the amount and month such assistance is scheduled to be paid on its behalf,
2.  To notify the household of the vendor to be paid on the household's behalf,
3.  To contact the vendor to explain the vendor payment process, when applicable.
4.  To notify each eligible household in writing of the eligible household's responsibilities to continue to pay toward the household's heating costs. Such notification shall advise the household that the Basic Program payment is not intended to totally pay a household's heating costs.
If the household has received a notice from the vendor to terminate services or has already had services terminated, the household is responsible to negotiate a payment arrangement with their vendor.
5.  To notify the vendor in writing of each household's eligibility and projected payment amount.
B.  Prior to any Basic Program payment being made directly to a fuel vendor on behalf of an eligible household, the following terms of agreement shall be obtained from the fuel vendor in writing and notice of the same shall be included with the Basic Program payment in accordance with a State prescribed form. Any revision or modification of the assurances below, necessitated by unique circumstances, shall be submitted in writing to the State Department for approval prior to execution of the vendor agreement.
C.  Refer to the State approved vendor agreement for specific requirements, conditions and procedures. This agreement is available on the Colorado Department of Human Services web site. 
3.758.47  Methodology for Calculating Basic Program Benefits [Rev. eff. 12/1/07]
The payment amount for an eligible Basic Program household shall be determined in accordance with the following method: 
Step A.  Determine Estimated Home Heating Costs (EHHC) 
The county department shall determine estimated home heating costs for November 1st through April 30th, for the household's current residence at the time of application. The methodology for calculating estimated home heating costs is outlined below. 
The county department shall determine the applicant household's estimated home heating costs as follows: 
1.  An applicant household's estimated home heating cost shall consist of the total actual home heating costs for the primary heating fuel for November 1st through April 30th, of the prior year's heating season. Vendors serving applicant households or the applicant households shall be required to supply actual home heating costs for November 1st through April 30th of the prior year's heating season. 
2.  Households using electric heat will have their electric usage costs reduced to the percentage amounts listed below. 
HEAT PORTION OF TOTAL ELECTRIC EHHC 
House/Mobile Home	62% for heat	
TOWNHOUSE/DUPLEX/TRIPLEX/FOURPLEX	48% for heat	
Apartment, Condominium, Hotel, Rooming House	43% for heat	
Cabin, RV, 5th Wheel, Camper	50% for heat	

3.  For any applicant whose home heating costs for the prior year's heating season are not available or determined by the county department to be invalid. The following flat rate amounts, based on the household's primary heating fuel, shall be used as the amount of estimated home heating costs: 
FLAT RATES  2007-2008 
TYPE OF DWELLING    FLAT RATE AMOUNTS 
  	Nat'l Gas	Propane/Fuel Oil	Electric	Wood	Coal	Other	
House/Mobile Home	$745	$1, 027	$990	$732	$595	$547	
Duplex, Triplex, Fourplex, Townhouse	$610	$817	$757	$250	$250	$250	
Apartment, Condominium, Rooming/Boarding House, Hotel	$506	$810	$631	$250	$250	$250	
Cabin, RV, 5th Wheel, Camper	$225	$403	$225	$225	$225		
Other fuels may include wood pellets and corn or corn products. 
4.  For any applicant whose home heating costs are included as part of the rental costs, the following standard rate amounts shall be used as the estimated home heating costs. The standard amounts for heat in rent are based on a percentage of the flat rate chart above. 
STANDARD RATE FOR HEAT IN RENT 2007-2008
TYPE OF DWELLING  STANDARD RATE AMOUNTS 
.	Nat'l Gas	Propane/Fuel Oil	Electric	Wood	Coal	
House/Mobile Home	$298	$411	$396			
Duplex, Triplex, Fourplex, Townhouse	$244	$326	$303			
Apartment/Condominium, Rooming/Boarding House, Hotel	$202	$324	$100			
Cabin, RV, 5th Wheel, Camper	$100	$100	$100	$100	$100	

Step B.  Adjustment for Shared Living Arrangements
The estimated home heating costs shall be adjusted if the household shares living arrangements with other households but is determined to be a separate household as defined in the "Definitions" section of these rules. If the household shares living arrangements with other households, the estimated home heating cost shall be divided by the number of separate households sharing the living arrangements, whether or not all households sharing the living arrangements are eligible for the Basic Program.
Step C.  Adjustment for Subsidized Housing Home Heating Allowance
The State Department shall adjust the amount of estimated home heating cost remaining after Step B if the household resides in subsidized housing (as defined in the "Definitions" section of these rules). A flat rate rental cost allowance for heating ($30 per month or $180 per heating season) shall be deducted from the remaining amount of estimated home heating costs. If the household does not live in subsidized housing, the amount remaining after Step B shall be the estimated home heating cost.
Step D.  Determine Income Contribution
The amount of an eligible household's income contribution towards payment of home heating costs shall be determined according to the household's level of poverty. To determine poverty level, the total income for a household shall be divided by the applicable poverty level index for the appropriate family size. Once poverty level has been determined, the eligible household's income contribution will be calculated as follows:
LEVEL OF POVERTY	HOUSEHOLD CONTRIBUTION	
0-75%	0%	
76-100%	1% of countable income	
101-150%	2% of countable income	
151-185%	3% of countable income	

Step E.   Determine Basic Program Amount
The State Department shall determine a benefit amount for each eligible household by subtracting the household contribution calculated in Step D from the household's estimated home heating costs calculated in Steps A, B, and C. The total Basic Program payment shall not exceed $700 for the program year. Any eligible household will receive at least the minimum payment established by the State Department for the program year.
3.758.48  Adjustments [Rev. eff. 12/1/07]
The State Department may adjust benefit amounts during the program year to accommodate changes in funding and/or number of eligible households (see Section 3.758.47 for methodology).
Adjustments may be made on the following criteria: 
A.  Based on the projected number of applications to be received and estimated level of funding, the State LEAP office may adjust benefit levels at the beginning of each LEAP program year. This will be done by adjusting the initial Estimated Home Heating Costs (EHHC) of applicant households. 
B.  The State Department will provide the county departments advance written notice of any statewide benefit level adjustments. 
Any statewide adjustment tot he LEAP benefit level cannot be appealed. 
The benefit amount in a prior LEAP season is not indicative of a current LEAP season benefit amount and benefit levels may vary from season to season depending on funding and the applicant pool. 
3.758.49  Forfeiture of Benefit [Eff. 11/1/98]
If the benefit is not properly claimed within the current federal fiscal year for the period of intended use, the household will forfeit the remaining benefit.
3.759  OUTREACH AND REFERRAL
3.759.1  COUNTY DEPARTMENTS
3.759.11  Operation [Rev. eff. 11/1/83]
The county department has responsibility for the operation of a county wide outreach program. The outreach program shall be operated in accordance with guidelines contained in this section. The county may opt to contract with other agencies to perform all or part of the required outreach activities. Counties must assure that outreach includes: 
A.  Coordination with other agencies, organizations, and groups to facilitate the participation of potentially eligible persons with emphasis on most vulnerable (e.g., elderly, disabled, home bound, non-English speaking);
B.  Access to Basic Program information and application forms. Outreach staff must identify locations in the county, such as community action programs, social security offices, low income housing sites, etc., for distribution of information, taking of applications, etc., through these sites. In addition, the county must have sufficient telephone lines to ensure access to information without requiring office visits;
C.  An effective county wide information and referral system involving local agencies and organizations;
D.  A referral system to weatherization and other energy conservation programs in the county;
E.  Special efforts to meet the needs of target groups (e.g., home visits for home bound, outstationing of outreach staff, etc.). County departments shall assist disabled and elderly (as defined in the “Definitions” section of these rules) applicants in completing applications and securing the required verification;
F.  Regular communications with cooperating agencies to identify concerns, problems, etc.;
G.  Encourage utility companies to refer their customers to the county departments.
3.759.12  Outreach Plan [Rev. eff. 11/1/03]
The county department shall develop an outreach plan which describes specific activities the county will perform to carry out the specific responsibilities outlined in 3.759.11, above. The plan shall be available for public inspection at the county department.
3.759.13  Reporting Requirements [Rev. eff. 12/1/07]
County departments shall comply with outreach reporting requirements as prescribed by the State Department. Failure to comply may result in the recovery of outreach funds.
3.759.2  OUTREACH ACTIVITIES
3.759.21 [Rev. eff. 12/1/07]
Outreach materials shall be distributed to various community agencies targeting groups such as elderly, persons with disabilities, veterans, migrant seasonal workers, renters, Native Americans, and non-English or limited English speaking communities.
3.759.3  TIMELINES FOR OUTREACH IMPLEMENTATION
3.759.31  Implementation [Rev. eff. 11/1/03]
The Basic Program outreach program shall be implemented in accordance with the timelines established by the State Department.
These timelines will establish specific deadlines for implementation of Basic Program outreach tasks by State and county program staff.
3.759.31  Application Distribution [Rev. eff. 11/1/03]
A.  Applications shall be provided to OAP, AND, AB, TANF, SSI and Medicaid households. Applications shall be mailed between October 1 and April 30 to these households.
B.  Applications shall be provided to all prior year "LEAP-only" and non-public assistance Food Stamp approved households. Non-PA Food Stamp and LEAP only applications shall be mailed between November 1 and April 30.
3.759.4  WEATHERIZATION REFERRAL
3.759.41  [Rev. eff. 11/1/83]
Eligible households shall be referred for participation in weatherization, energy conservation and other related assistance upon the household's request.
3.760  LOW-INCOME ENERGY ASSISTANCE PROGRAM (LEAP): CRISIS INTERVENTION PROGRAM (CIP)
3.760.1  OVERVIEW
3.760.11  Federal Funds [Rev. eff. 11/1/99] 
The State Department shall reserve a reasonable amount of federal funds based on data from prior years authorized to the Department of Human Services under the Low-Income Home Energy Assistance Act for the Crisis Intervention Program. Crisis Intervention Program funds shall be available from November 1 through April 30th for full benefit coverage and May 1st through October 31st exclusively for the repair or replacement of a broken furnace for households who received Low-income Energy Assistance Program (LEAP) benefits during the preceding November 1 through April 30. The program dates may be modified by the state department if circumstances occur requiring LEAP intervention. Impacted counties shall be authorized to provide emergency assistance to eligible households. 
3.760.12  Purpose of CIP [Rev. eff. 11/1/06] 
The Crisis Intervention Program is intended to assist households composed of low-income families and individuals. The program is for eligible households up to 185% of the poverty level to address non-fuel related emergencies and is primarily intended to assist eligible households with heating system repairs or replacements for the primary heating source only. 
3.760.13  Applications [Rev. eff. 12/1/07]
Applications for Crisis Intervention Program benefits shall be taken from November 1st through April 30th or until funds are exhausted, whichever occurs first, and in addition, applications exclusively for furnace repair or replacement shall be taken from May 1 through October 31 unless funds are exhausted. The program dates may be modified by the State Department if circumstances occur requiring LEAP intervention. Impacted counties shall be authorized to provide emergency assistance to eligible households. It is the responsibility of the county LEAP office to manage any and all non-fuel related emergencies, including taking immediate action to remedy the situation which may include providing temporary heat to the eligible household through a crisis intervention vendor. All application forms which are received or postmarked during the application period shall be accepted by the county department. Crisis Intervention Program (CIP) applications, exclusively for furnace repair or replacement received from persons who were found eligible for LEAP during the preceding November 1 through April 30, shall be accepted from May 1 through October 31 and sent to the state LEAP office for eligibility and payment determination by State staff. Application forms received prior to November 1st shall be accepted; however, no applications received prior to November 1st shall be processed until November 1st. Application forms received or postmarked after the closing date shall not be approved by the county department unless the application period is extended. The type of assistance offered under these conditions shall be determined by the State Department and impacted counties. 
In addition, LEAP will be responsible for locating an CIP provider to provide the service. There is not a requirement to obtain more than one estimate to perform the CIP. 
3.760.14  Eligibility [Rev. eff. 11/1/05]
To be determined eligible for the Crisis Intervention Program, households must meet the same eligibility requirements outlined in the sections pertaining to the Basic Program and, in addition, meet the following requirements: 
A.  Households shall be in a home heating related crisis as defined in these rules in order to qualify for Crisis Intervention Program benefits. 
B.  Counties/state personnel must approve the CIP application and authorize the work before such work may begin. The county/state department shall deny any CIP non-fuel application where repair work begins prior to county authorization unless such work is essential to remedy a life-threatening situation. 
A life-threatening situation exists when the health and safety of an applicant household is in jeopardy as a result of a heating system failure or excessive loss of heat to a residence during periods of extreme cold weather. If a life-threatening situation occurs during non-business hours (i.e., nights, weekends, holidays) and emergency repair work is required, the county department may retroactively approve a CIP application if the application is submitted within 5 working days. This may be extended if the applicant provides proof of extenuating circumstances, including, but not limited to, acts of God, weather-related emergency, or family emergency. In addition, the emergency must be fully documented and the costs of the repair work justified. 
C.  County or State personnel shall obtain permission from a landlord, or authorized landlord representative, before conducting Crisis Intervention Program repairs at a rental unit. Such permission may be acquired in written form or verbally. Verbal approval must be documented in the case file. Exceptions may be made in cases where renters provide proof of written authority (e.g., in a lease agreement) to approve work on the rental property. 
County or State personnel shall provide some form of assistance to Crisis Intervention Program applicants, such as space heaters, for ten (10) working days from the date of application or until they can obtain landlord permission and complete permanent repairs, whichever comes first. County or State LEAP staff shall deny the Crisis Intervention Program application if they cannot secure landlord approval within ten (10) working days of the application filing. 
If county/state eligibility personnel determine that the Crisis Intervention Program applicant remains in an unsafe or potentially unsafe situation, the staff shall refer the case to local public health, law enforcement, adult protection, child protection, social services, or other appropriate agency for immediate remedial action after no more than five (5) working days of unsuccessfully trying to obtain landlord approval. 
3.760.15  Emergency Situations [Rev. eff. 11/1/93]
The procedures pertaining to eligibility determination as described in the rules of the Basic Program shall apply except that eligibility determination shall be expedited to handle the emergency situation. Documentation and verification of heat related emergencies shall be maintained in the case record. 
3.760.16  CIP Application [Rev. eff. 12/1/07]
Crisis Intervention Program applicants shall submit a written application form (IML-4) and a State prescribed Crisis Intervention Program supplemental form (IML-4C) to the county department either in person or by mail in order to be considered for assistance. Applications for furnace repair or replacement received between May 1st and October 31st shall be submitted to the county office or to an authorized weatherization agent who will in turn transmit the CIP application to the State LEAP office for eligibility determination and payment processing. The agency responsible for processing the CIP application shall locate a CIP vendor to provide the service. Neither the county department nor the State office shall require office interviews or more than one estimate to perform the service. These forms and all verification/information must be date stamped upon receipt. The Crisis Intervention Program application may be signed by any adult household member listed on the original LEAP application. CIP applications must be processed within four (4) working days. If a CIP application is denied, a written denial notice must be sent to the household within the above time frames. If the CIP application has been received and being processed on the same date as the basic LEAP application, and additional information is required of the LEAP applicant in order to process the basic LEAP application, then the four (4) day processing requirement of the CIP application shall be extended accordingly. 
3.760.2  BENEFIT COVERAGE
3.760.21  Heating Crisis [Rev. eff. 12/1/07] 
A home heating related crisis is defined as follows: 
A.  Primary heating system failures which have resulted in no heat, such as, replacement of motor belt, thermostat or other emergency repairs. 
B.  Other situations where heat is escaping from the dwelling to such an extent that the primary heating system cannot maintain a safe indoor air temperature as defined in these rules. 
C.  Severe snowstorms which require emergency removal of snow. 
D.  Funds for or actual provision of emergency clothing or blankets, emergency shelter and/or alternative fuel provisions in cases of severe cold, major heating systems failure, fire, flood, or fuel shortage where the heating system's failure cannot be corrected by minor repairs, the household is burned out or flooded out or the fuel supplier cannot deliver due to inability to maintain his supply for sale.
E.  Energy costs necessary to operate a life support system which is necessary for the health of an approved applicant or member of an approved household.
F.  Other crises which are directly related to home heating costs other than payment of the primary heating fuel or heating utility bills, except as defined in these rules, which are approved by the county director. 
3.760.22  Energy Conservation and Maintenance [Rev. eff. 7/1/99]
Counties/state shall require contractors performing CIP non-fuel services to provide recipient households with verbal and written information regarding energy conservation and efficient maintenance of home energy systems. Such information may include, but not be limited to, written fact sheets showing home energy conservation measures, answers to questions regarding home energy, and other information regarding energy conservation.
3.760.3  PAYMENT POLICIES
3.760.31  Non-Fuel Related Payments [Rev. eff. 11/1/06] 
Non fuel related payments to eligible households shall be the minimum amount required to avert or alleviate each crisis not to exceed $1,500 total during the entire program year. Households that share living arrangements shall not receive more than $1,500 in combined non-fuel benefits during the program year. If the maximum amount of non-fuel related payments available will not remedy the emergency, the application must be denied. 
County/state departments shall require households to participate financially in alleviating or averting each emergency to the extent that such participation shall not deprive the household of income required for ordinary and necessary living expenses which include food, clothing, shelter, utilities, household supplies, insurance medical necessities, routine transportation and routine personal needs. 
3.760.32  Non-Fuel Related Emergencies [Rev. eff. 12/1/07]
For non fuel related emergencies, the Crisis Intervention Program payment may be made directly to an eligible household or to a vendor/repair company. Any payment made to an eligible household as reimbursement for a non-fuel related emergency must be accompanied by proof of payment. Payments shall not be made payable to a landlord or other provider of shelter except for emergency shelter as provided in the section on “Benefit Coverage” in these rules. 
3.760.4  NOTICE TO APPLICANTS
3.760.41  [Rev. eff. 10/1/00]
The county department shall notify the applicant of eligibility approval or denial of Crisis Intervention Program benefits.
3.760.42  Notice of Denial of CIP Benefits [Rev. eff. 11/1/84]
An applicant shall be determined eligible for crisis intervention benefits when all eligibility criteria are met. An applicant not meeting all eligibility criteria shall be denied crisis intervention benefits. Applicants denied crisis intervention benefits shall be notified no later than four (4) working days from the date of the completed application and shall be entitled to a forthwith hearing.
3.760.43  Factors as Basis for Denial [Rev. eff. 11/1/06]
Any of the following factors shall be the basis for the denial of an applicant household for Crisis Intervention Program benefits: 
A.  Excess income, 3.752.22 (04); 
B.  Not vulnerable to rising home heating costs, 3.752.25 (03); 
C.  Work began on CIP Non-Fuel Emergency before approval and authorization, 3.760.14, B (12); 
D.  The household does not meet U.S. citizenship/alien requirements, 3.752.27 (13); 
E.  The household is a duplicate household, 3.751.1, K (06); 
F.  The household has voluntarily withdrawn its application, 3.756.18 (09); 
G.  The household has failed to provide complete application information or required verification, 3.756.12 (11); 
H.  The household is not in a home heating related emergency situation when the household applies for Crisis Intervention Program assistance, 3.760.14, A (17); 
I.  The Crisis Intervention Program benefit will not remedy the emergency situation, 3.760.31 (19); 
J.  The household in life-threatening situation failed to apply for CIP non-fuel within 5 working days or as extended by the county, 3.760.14, B(20); 
K.  The household has received the maximum program benefits, 3.760.31(16); 
L.  The household filed an application after the program deadline, 3.752.1(14);
M.  The household is not a resident of Colorado, 3.752.26(07); 
N.  The household failed to sign the application, 3.751.1, B, 3 (21); 
O.  The household has moved to another county while the application was pending, 3.756.16 (24); 
P.  Unable to locate, 3.756.19 (25); 
Q.  Refused weatherization services from a state weatherization agency; 3.752.28 (26). 
R.  Does not meet eligibility requirements for Summer CIP, 3.760.11 (22); 
S.  Landlord, or authorized landlord representative, refused CIP, 3.760.14, C (18). 
(Note: The rule citation is shown followed by the denial reasons which are to be used when coding the worksheet and entering data into the computer system.) 
3.760.44  Documentation of Denial [Eff. 10/20/82]
If an applicant is denied, sufficient documentation shall be maintained in the case record to substantiate the denial decision.
3.760.5  CIP VERIFICATION/DOCUMENTATION
3.760.51  Vendor Referrals [Eff. 11/1/02]
All CIP vendor referrals must be signed and dated, and the name of the vendor must be listed either in the LEAP computer information system or on a report of contact sheet.
3.760.52  Work Completion Verification [Eff. 11/1/02]
County/state departments shall require CIP contractors to obtain a signed statement from each LEAP recipient for whom CIP work is completed, attesting that the prescribed work was satisfactorily completed. The county shall place a copy of this signed statement in each CIP client’s case record.
3.760.53  Documentation [Rev. eff. 12/1/07]
Before payment can be made to the vendor, the agency responsible for processing the CIP application shall include the following documentation in the case record: 
A.  Brand and model number of furnace, when applicable;
B.  Cost of furnace, when applicable;
C.  Other materials and parts used in repair;
D.  Labor charges;
E.  Other charges (itemized);
F.  A signed statement from client that work was satisfactorily completed as required in Section 3.760.52;
G.  The original signed CIP application;
H.  Documentation of notification to vendor of approval or denial of CIP application;
I.  Any written notations on a report of contact sheet or other similar document necessary to provide a record of action taken on the case. The eligibility worker shall sign and date each entry.
3.770  ALLOCATION FOR ADMINISTRATION AND OUTREACH [Rev. eff. 11/1/96]
The county may transfer funds from Program Code 4510 Administration to Program Code4520 Outreach. The county may not transfer funds from Program Code 4520 Outreach to Program Code 4510 Administration.
The county is to budget its allocation of funds for Program Code 4510 Administration and Program Code 4520 Outreach to cover all expenditures which may be incurred from October 1 to the following September 30. The county department shall not be reimbursed for expenditures in excess of the county's allocation of Program Code 4510 and Program Code 4520 funds. The county's allocation of Program Code 4510 Administration funds will not be increased unless the State Department allocates additional funds to all counties or unless the county meets the following criteria: 
A.  The county submits a written letter of request which includes the county's original budget plan for expenditure of its allocation of administrative funds, a description of expenditures to date for administrative costs, a budget of anticipated costs for the remainder of the program, and a narrative justification of actual and anticipated expenditures for the program.
B.  The request for additional funds must be justified on the basis of one or both of the following factors: 
1.  That the county incurred or expects to incur extraordinary costs which were or are beyond county control and were or will be necessary to implement the program:
2.  That the county's caseload in relation to its allocation of administrative funds was significantly greater than the caseload of other similar sized counties in relation to their allocation of administrative funds.
Actual provision of additional funds is contingent upon availability of administrative funds.
The county's allocation of Program Code 4520 Outreach funds shall not be increased unless the county submits a request for additional outreach funds, which explains and justifies the need for such funds or unless the state department allocates additional funds to all counties.